Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes with interest the content of the new Labour Code promulgated on 11 December 1996 (Act No. 38/PR/96). The Committee also notes the information supplied by the Government in its report for the period 1993-94, received in 1996, and the observations made in 1997 by the Trade Union Confederation of Chad (CST) as well as the Government's reply to these observations.

1. Articles 12 and 13, paragraph 2(a), of the Convention. The Committee notes with satisfaction that section 479(2) of the 1996 Labour Code provides that inspectors shall notify the employer of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. The Committee also notes with interest that under section 224(3), the labour inspector or occupational health inspector may make orders to be given immediate effect, in the event of imminent danger to the health or safety of the workers.

2. Article 10. The Committee notes the Government's information on the efforts made to satisfy the requirements of this Article of the Convention, particularly in relation to the number of assistant labour inspectors appointed or undergoing training as well as the number of labour inspectorate staff. The Committee requests the Government to continue to supply information on any progress made in this regard.

3. Articles 11 and 16. The Committee notes the provisions of the Labour Code relating to the availability of suitable premises and reimbursement of transport costs in the absence of public transport (section 478). The Committee notes, however, that in practice there is a lack of functional premises and means of transport (vehicles and mopeds). In this regard, the Committee notes the observations of the Trade Union Confederation of Chad which emphasizes once again the lack of resources and scant interest granted to inspection. According to the CST, contrary to other administrations in the country which have operating resources and means of transport, labour inspectors and labour supervisors do not have even the most elementary resources for carrying out inspection and supervisory visits. The Committee notes that the Government indicates in its reply that endeavours are being made to improve the situation of the labour inspectorate. The Committee requests the Government to indicate the measures taken or envisaged to provide the labour inspectorate with adequate resources to enable it to carry out visits to enterprises, as often as necessary, and to ensure the effective application of the legal provisions related to working conditions and the protection of workers.